Monday, January 28, 2013

IEA President Cinda Klickna's reply to an IEA member (not me) as to why she would not support the petition

I've had a
couple of inquiries about why IEA has declined to formally support or promote a
member's e-petition on the pension issue. Let me explain: The short answer is
that the petition in question is not reflective of the IEA/We Are One Illinois
coalition position on the pension issue. The petition reflects its drafters'
very strongly held belief that we (IEA and the coalition) should not be trying
to negotiate a solution to the pension problem. While anyone is entitled to hold
an opinion on the pension issue, the view expressed in the petition conflicts
with the position of the IEA officers, the IEA board and with the other members
of the coalition (including any who might have signed the petition).

It also, most importantly, conflicts with the opinion of our members, who have
told us repeatedly, in growing numbers, that they want IEA leadership try to
forge an agreement that is fair, constitutional and will result in every TRS
and SURS participant getting the pension they have been promised. For IEA to
support or promote this petition would be, at best, disingenuous and could
interfere with the effort to convince the state to avoid unconstitutional
pension proposals. It also could give a false impression to IEA members and, possibly
to the General Assembly and the general public that IEA and labor do truly not
wish to participate in finding a solution to the pension mess. That would be
the opposite of what we've been saying for many months. It also would not be
true. In a sense, our choices are simple:

* We can roll
the dice, refuse to engage, watch the General Assembly pass unconstitutional
proposals that have been endorsed by the governor and legislative leaders, then
see what the state supreme court says. Or,
* We can work like hell to negotiate a fair and constitutional solution that
protects your pension and the pensions of every other affected IEA member.

The former is, by far, the easier lift. Nothing could be easier, less stressful
and less time-consuming than the non-engagement strategy. But that's not what
the members elected us to do and it’s not what they want us to do. We've asked
them. They've told us. IEA members want and deserve more than a leadership team
that sits on its hands sand says, "See you in court." That's not the
responsible thing to do. On February 11, the labor coalition is holding a
pension summit. The point of the summit is to use all the influence we can
muster to convince Governor Quinn and the legislative leaders to reject illegal
pension proposals and work with the unions for a fair and constitutional
solution to this problem. At the top of the list of things we want the state to
understand is that revenue must be part of any solution.

Delivering that message is our focus. We don't need any distractions. The stakes
are too high.

We don't mind
people disagreeing with the strategy, but we're obligated to take the steps
that we think are most likely to result in every IEA member getting the pension
they've been promised. Thank you for your email.

Cinda

Dear Cinda,

First, let’s re-read the petition:

Illinois Revenue and Debt Reform, Not
Pension Reform!

Many Illinois legislators want to
challenge the Illinois and U.S. Constitutions instead of addressing the causes
of the state's budget deficits. Illinois public employees have earned their
pensions. Their pension is a constitutionally-guaranteed contract. That's why I
created a petition to The Illinois State House, The Illinois State Senate, and
Governor Pat Quinn, which says:

"Illinois has a pension debt and
revenue problem. Most legislators know this, and they also understand the
concept of justice and what lawfulness demands: that people must keep their
covenants with one another. No justice is accomplished when diminishing public
employees' earned benefits and rights because of decades of legislators'
irresponsibility, corruption and incompetence. Stop Illinois pension reform. It
is immoral and illegal."

It is disappointing to discover
that you chose not to respond to me personally but to another IEA member
instead. The petition does not say to avoid negotiation! Indeed, the IEA (and the
rest of the Illinois We Are One Coalition) should “negotiate a
solution to the pension problem.” That solution, however, should address the
pension debt and revenue problems without consideration to increase teachers’
contributions, to diminish the teachers’ COLA, or to impair the constitutionally-guaranteed
contract through modification of contract principles. A “fair” and “constitutional”
solution does not mean sacrificing teachers and other public employees again
and again.

Furthermore, when you state, “[the
petition] conflicts with opinions of [the IEA] members… We’ve asked them. They’ve
told us”: according to Jim Reed, only “600” members were polled. This is not a
reliable and sufficient sampling of the IEA membership or of any other
organization for that matter. An interesting point of comparison is this
petition has 5900+ signers [as of April 19th].

In my previous post, I stated that many of us (especially retirees that the IEA does not legally represent) believe there
will never be enough impairments of the Pension Clause to satisfy unscrupulous legislators with a mania
for so-called “pension reform.” Too many legislators are dependent on
the Civic Committee of the Commercial Club of Chicago’s campaign money and
influenced by the Committee’s collective ill-will toward public employees.

Eric
M. Madiar,
Chief Legal Counsel to Illinois Senate President John J. Cullerton and
Parliamentarian of the Illinois Senate, states it this way: “Pension benefits are
under siege for two reasons: opportunity and political motives” (Defending
and Protecting Public Employees’ Pensions against the Legislative Siege). Many public employees (read the
comments on our petition
online) argue that unions should not bargain away any of the public
employees’ “constitutionally-guaranteed,” earned rights and benefits.

Why?
Because “a public employee obtains ‘vested rights’ in the Pension Code
provisions relevant to pension benefits when the employee becomes a member of a
pension system by making his or her initial employee contribution to the
system. In addition, the ‘Pension Clause’ protects pension benefit rights as an
enforceable contractual relationship” (Madiar, “Is
Welching on Public Pensions an Option for the State of Illinois…”).

Despite
this important assurance from the Chief Legal Counsel and Parliamentarian of the
Illinois Senate, key legislators are still saying, “Let
the courts decide” on the issue of breaking a contract.

It’s unfair that you assume I would advocate letting the courts decide or
“rolling the dice” (the “easier lift”) as you call it regarding this crisis. This
is a falsehood that needs no rebuttal.

If legislators agree to meet with the Coalition, please “work like hell to negotiate a fair and constitutional
solution” that does not diminish the existing contract already in place. Consider that any
modification of contract principles will never be enough because it’s a revenue
and pension debt problem. To be sure, “The stakes are too high.” Without a
doubt, most of us believe every public employee has a “promised pension” guaranteed
by the Illinois and U.S. Constitutions, and I will continue to support only competent, dynamic union leadership. Though your and my “entitled… opinion
on the pension issue” might be “conflicting,” it should never be “disingenuous.”
“The gravest of [offenses] is to argue sophistically, to
suppress facts or arguments, to misstate the elements of the case, or
misrepresent the opposite opinion…” (John Stuart Mill, On Liberty).

WHO IS SHE LISTENING TO????? When Cinda Klickna states that she has heard from her members - who is telling her that we want to increase our dues by 2%! Is she kidding?????? I cannot afford to send another 2% to the State when they absolutely have mismanaged the money I have and am currently sending them!

First it will start with a 2% increase. Who knows what will come after that!

The IEA Leadership is NOT speaking for me! I am disgusted with the way this is turning out and it seems that we have a leadership who 1) not working for it's members and/or 2) it's politics as usual in Illinois and we're screwed!!!!

Keep sending that petition on! When we have the signatures - they'll see!

Teacher/Poet/Musician

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Persona

A writer must “know and have an ever-present consciousness that this world is a world of fools and rogues… tormented with envy, consumed with vanity; selfish, false, cruel, cursed with illusions… He should free himself of all doctrines, theories, etiquettes, politics…” —Ambrose Bierce (1842-1914?). “The nobility of the writer's occupation lies in resisting oppression, thus in accepting isolation” —Albert Camus (1913-1960). “What are you gonna do” —Bertha Brown (1895-1987).